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Cruel Britannia Cruel Britannia British Complicity in the Torture and Ill-treatment of Terror Suspects in Pakistan Copyright © 2009 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-571-7 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org November 2009 1-56432-571-7 Cruel Britannia British Complicity in the Torture and Ill-treatment of Terror Suspects in Pakistan Summary ........................................................................................................................... 1 Key Recommendations ....................................................................................................... 8 Methodology ...................................................................................................................... 9 I. Background ................................................................................................................... 10 Torture and related abuses in Pakistan .......................................................................... 10 Official UK and US reporting on human rights in Pakistan .............................................. 13 II. British Involvement in Cases of Torture in Pakistan ........................................................ 17 Salahuddin Amin ........................................................................................................... 19 Zeeshan Siddiqui ......................................................................................................... 24 ZZ (name withheld) ...................................................................................................... 28 Rangzieb Ahmed .......................................................................................................... 30 Rashid Rauf .................................................................................................................. 34 III. Torture Under UK and International Law ....................................................................... 36 IV. Recommendations ....................................................................................................... 44 Acknowledgements .......................................................................................................... 46 Summary A key lesson from the past eight years of global efforts to combat terrorism is that the use of torture and ill-treatment is deeply counterproductive. It undermines the moral legitimacy of governments who rely on it and serves as a recruiting sergeant for terrorist organizations. This is recognized in the UK government’s counterterrorism strategy, “CONTEST II,” which asserts that the protection of human rights is central and that the UK’s response to terrorism will be based on the rule of law. However, this principled and pragmatic assertion of core values is being undermined by the official whitewash surrounding the complicity of UK intelligence and security agencies in torture in Pakistan, with ministers repeatedly rejecting calls for an independent judicial inquiry from a cross-party parliamentary committee and human rights nongovernmental organizations (NGOs) alike. Research by Human Rights Watch and path-breaking investigative reporting by The Guardian newspaper makes it clear that British hands are not clean. The refusal of the government to order an independent and transparent investigation has been an important missed opportunity. This report provides accounts from victims and their families about the cases of five UK citizens of Pakistani origin—Salahuddin Amin, Zeeshan Siddiqui, Rangzieb Ahmed, Rashid Rauf and a fifth individual who wishes to remain anonymous—tortured in Pakistan between 2004 and 2007. The men were tortured and ill-treated by the military-controlled Inter- Services Intelligence (ISI) agency, the civilian-controlled Intelligence Bureau (IB), or other Pakistani security agencies. Their abuse was part of a longstanding pattern of routine, systematic torture by the Pakistani authorities that has been extensively documented. The accuracy of their accounts of mistreatment has been confirmed by Pakistani and British security and intelligence officials. Primary responsibility for the use of torture against these individuals lies with the Pakistani authorities. No one in Pakistan has been held accountable. The Pakistani authorities have not prosecuted or disciplined any security officers alleged to have been involved in these incidents, or indeed in any other of the myriad cases of torture. There is no sign that they have even initiated any inquiries. While deeply disappointing, this is hardly surprising— Pakistani and international human rights groups, lawyers, the media, the US State Department, and the United Nations have long documented torture, arbitrary arrests and detention, enforced disappearances, and other human rights abuses by Pakistani government security forces and intelligence agencies taking place with complete impunity. 1 Human Rights Watch | November 2009 In Pakistan, torture often follows illegal abductions or “disappearances” by the ISI, other intelligence agencies, the military, or other security services. These practices are systematic and routine, whether in ordinary criminal matters to obtain confessions or information, against political and ideological opponents, or in more sensitive intelligence and counterterrorism cases. Human Rights Watch has no evidence of UK officials directly participating in torture. But UK complicity is clear. First, it is inconceivable that the UK government was unaware of the systematic use of torture in Pakistan. In the circumstances of the close security relationship between the two countries this would represent a significant failure of British intelligence. Reports by governments, including the United States, reports by NGOs, including Human Rights Watch, court cases in Pakistan, and media accounts put everyone on notice that torture has long been endemic in Pakistan. No one in government in Pakistan has ever challenged this in conversations with Human Rights Watch. Second, UK officials engaged in acts that virtually required that they knew about the use of torture in specific cases. Four men—Salahuddin Amin, Zeeshan Siddiqui, Rangzieb Ahmed, and an individual who wishes to remain anonymous—have described meeting British officials while detained in Pakistan. In some cases this happened shortly after sessions in which the individuals had been tortured, when it was likely that clear and visible signs of torture were present. For example, Rangzieb Ahmed alleges that he was interrogated by British security officials shortly after three fingernails had been pulled out. Further, UK officials supplied questions and lines of enquiry to Pakistan intelligence sources in cases in which detainees were tortured. UK officials knew that interrogations of these UK citizens were taking place and that torture was routinely used in interrogations. The UK was also putting pressure on Pakistani authorities for results. In this environment, passing questions and offering other cooperation in such cases without ensuring that the detainees were treated appropriately was an invitation to abuse. Members of Pakistani intelligence agencies have corroborated Human Rights Watch’s information from detainees that British officials were aware of specific cases of mistreatment. They have said that British officials knew that Pakistani intelligence agencies routinely tortured detained terror suspects—what Pakistani officers described to Human Rights Watch as being “processed” in the “traditional way.” Officials describe being under immense pressure from the UK and the United States to “perform” in the “war on terror,” and have noted “we do what we are asked to do.” Pakistani intelligence sources described Salahuddin Amin, for example, as a “high pressure” case, saying that the British (and Cruel Britannia 2 American) agents involved were “perfectly aware that we were using all means possible to extract information from him and were grateful that we were doing so.” Not only do British officials and agents appear to have been complicit in torture, but their cooperation in the unlawful conduct of the ISI has interfered with attempts to prosecute terrorist suspects in British courts. Rashid Rauf, the alleged mastermind of plans for a second 9/11 involving planes departing Heathrow airport in London, was tortured so badly that British officials quickly realized he could not be prosecuted in a British court. His guilt or innocence has never been established, and never will, since he was reportedly killed in a US drone missile strike in Pakistan in November 2008. If he was indeed guilty, the failure to bring Rauf to justice represents an enormous missed opportunity for intelligence
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